Legal Opinion

Shannon v. Fuller

Supreme Court of Georgia

Decided August 15, 1856No. 100PublishedCited by 2 opinions

Assumpsit, in Monroe Superior Court. Tried before Judge -Green, February Term, 1856. This was an action of assumpsit brought by Andrew M. Fuller against Robert Mays, in his lifetime, on a draft for $203. Mays plead that the consideration of the draft was se. negro man, and that the same had failed, the negro being diseased at the time of sale, and that he died shortly after.

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Assumpsit, in Monroe Superior Court. Tried before Judge -Green, February Term, 1856. This was an action of assumpsit brought by Andrew M. Fuller against Robert Mays, in his lifetime, on a draft for $203. Mays plead that the consideration of the draft was se. negro man, and that the same had failed, the negro being diseased at the time of sale, and that he died shortly after. Pending the suit Mays died, and John Shannon was appointed' administrator on his estate and made party defendant. On the trial, Shannon was offered as a witness to prove the-failure of consideration. The plaintiff…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Is an administrator a competent witness to prove the failure of consideration of a draft drawn by his intestate, he having no personal interest in the case, and the estate in his hands being sufficient to pay the debt and cost, if recovered ?

It is fully settled, that an interest in the event of the suit, however small, will render a witness incompetent. And that where a party to an action has no interest in the question in dispute, but is suing as a mere trustee for another person, he will, nevertheless, in general, be incompetent on the…

2Cited by2 opinions

  1. Ruch v. Rock IslandSupreme Court of the United States · 1878
  2. Wilkes v. GrooverSupreme Court of Georgia · 1912

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